PETITIONING FOR RELATIVES
Type of Relative for Whom You May Petition | Immigration Benefit | Related Forms |
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Spouse Children (unmarried and under 21) Sons and daughters (married and/or 21 or over) Parents, if you are 21 or over Siblings, if you are 21 or over | Green Card (permanent residence) | Form I-130, Petition for Alien Relative Form I-485, Application to Register Permanent Residence or Adjust Status Form I-864, Affidavit of Support |
A fiancé(e) residing outside the United States and children of fiancé(e) under 21 | Fiancé(e) visa | Form I-129F, Petition for Alien Fiancé(e) |
Spouse Children of spouse (unmarried and under 21) | K-3/K-4 visa | Form I-129F, Petition for Alien Fiancé(e) Form I-130, Petition for Alien Relative |
WHAT RELATIVES CAN I PETITION FOR?
Immediate Relatives | Other Family Members |
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Spouses of U.S. citizens Children (unmarried and under 21) of U.S. citizens Parents of U.S. citizens (The petitioning citizen must be 21 or older.) Visas are always available for immediate relatives of U.S. citizens. This means your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130. For more information on how your relative can apply to adjust status (get a Green Card) while they are in the United States, see the How to bring a family member to the U.S. | Preference categories apply to family members who are not immediate relatives. The visas allotted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Preference categories are grouped as follows: First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.) Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents Second Preference (2B): Unmarried adult sons and daughters of permanent residents Third Preference: Married sons and daughters (any age) of U.S. citizens Fourth Preference: Brothers and sisters of adult U.S. citizens. For current wait times, see the USCIS Processing Time Information page on this website and the Visa Bulletin page on the U.S. Department of State website. For more information on priority dates, see the Visa Availability and Priority Dates page. |